This case was last updated from Los Angeles County Superior Courts on 07/01/2020 at 02:50:19 (UTC).

FALLS LAKE NATIONAL INSURANCE COMPANY VS ASTA PACIFIC HEALTHCARE CORPORATION

Case Summary

On 07/30/2019 FALLS LAKE NATIONAL INSURANCE COMPANY filed a Contract - Other Contract lawsuit against ASTA PACIFIC HEALTHCARE CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7015

  • Filing Date:

    07/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

FALLS LAKE NATIONAL INSURANCE COMPANY

Defendant

ASTA PACIFIC HEALTHCARE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

CU JOHN T.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Order PERMITTING SERVICE OF SUMMONS ON ...)

6/29/2020: Minute Order - Minute Order (Hearing on Motion for Order PERMITTING SERVICE OF SUMMONS ON ...)

Declaration (name extension) - Declaration OF JOHN T. CU IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE C

12/20/2019: Declaration (name extension) - Declaration OF JOHN T. CU IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE C

Motion for Order (name extension) - Motion for Order PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCAR

12/20/2019: Motion for Order (name extension) - Motion for Order PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCAR

Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction

1/8/2020: Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction

Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction

1/8/2020: Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction

Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR ORDER PERMITTING SERVICE

12/5/2019: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR ORDER PERMITTING SERVICE

Minute Order - Minute Order (Hearing on Ex Parte Application FOR ORDER PERMITTING SERVICE)

12/5/2019: Minute Order - Minute Order (Hearing on Ex Parte Application FOR ORDER PERMITTING SERVICE)

Declaration (name extension) - Declaration DECLARATION IN SUPPORT OF EX PARTE

12/2/2019: Declaration (name extension) - Declaration DECLARATION IN SUPPORT OF EX PARTE

Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE

10/2/2019: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE

Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE

10/2/2019: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE

Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION FOR EXTE...)

10/2/2019: Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION FOR EXTE...)

First Amended Standing Order - First Amended Standing Order

7/30/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

7/30/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/30/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 08/02/2022
  • Hearing08/02/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 01/26/2021
  • Hearing01/26/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 06/29/2020
  • DocketUpdated -- Motion for Order PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE CORPORATION; MEMORANDUM OF POINTS AND AUTHORITY IN SUPPORT THEREOF: Filed By: Falls Lake National Insurance Company (Plaintiff); Result: Granted; Result Date: 06/29/2020

    Read MoreRead Less
  • 06/29/2020
  • DocketMinute Order (Hearing on Motion for Order PERMITTING SERVICE OF SUMMONS ON ...)

    Read MoreRead Less
  • 06/29/2020
  • DocketHearing on Motion for Order PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE CORPORATION scheduled for 06/29/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/29/2020; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 01/09/2020
  • DocketUpdated -- Clerk of Court Notice of Clerical Error and Correction: As To Parties: removed

    Read MoreRead Less
  • 01/09/2020
  • DocketUpdated -- Clerk of Court Notice of Clerical Error and Correction: As To Parties: removed

    Read MoreRead Less
  • 01/08/2020
  • DocketUpdated -- Motion for Order PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE CORPORATION; MEMORANDUM OF POINTS AND AUTHORITY IN SUPPORT THEREOF: As To Parties: removed

    Read MoreRead Less
  • 01/08/2020
  • DocketUpdated -- Declaration OF JOHN T. CU IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER PERMITTING SERVICE OF SUMMONS ON SECRETARY OF STATE ON BEHALF OF DEFENDANT ASTA PACIFIC HEALTHCARE CORPORATION: As To Parties: removed

    Read MoreRead Less
  • 01/08/2020
  • DocketClerk of Court Notice of Clerical Error and Correction; Filed by: Clerk

    Read MoreRead Less
15 More Docket Entries
  • 10/02/2019
  • DocketHearing on Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE scheduled for 10/02/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/02/2019; Result Type to Held

    Read MoreRead Less
  • 10/01/2019
  • DocketHearing on Ex Parte Application EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE scheduled for 10/02/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/31/2019
  • DocketNon-Jury Trial scheduled for 01/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/31/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/31/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 07/30/2019
  • DocketComplaint; Filed by: Falls Lake National Insurance Company (Plaintiff); As to: ASTA Pacific Healthcare Corporation (Defendant)

    Read MoreRead Less
  • 07/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Falls Lake National Insurance Company (Plaintiff); As to: ASTA Pacific Healthcare Corporation (Defendant)

    Read MoreRead Less
  • 07/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Falls Lake National Insurance Company (Plaintiff); As to: ASTA Pacific Healthcare Corporation (Defendant)

    Read MoreRead Less
  • 07/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 07/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC07015    Hearing Date: June 29, 2020    Dept: 26

Falls Lake National Ins. Co. v. Asta Pacific Healthcare Corp., et al.

MOTION TO SERVE CORPORATION THROUGH SECRETARY OF STATE

(CCP § 416.10; Civ. Code § 1702)

TENTATIVE RULING:

Plaintiff Falls Lake National Insurance Company’s Motion to Serve Summons and Complaint on Defendant Asta Pacific Healthcare Corporation through the Secretary of State is GRANTED. PROOF OF SERVICE DEMONSTRATING SAID SERVICE TO BE FILED WITHIN 30 DAYS.

ANALYSIS:

On July 30, 2019, Plaintiff Falls Lake National Insurance Company (“Plaintiff”) filed this action for breach of lease agreement against Defendant Asta Pacific Healthcare Corporation (“Defendant”). On December 20, 2019, Plaintiff filed the instant Motion to Serve Summons and Complaint on Defendant through the Secretary of State. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 416.10 provides that a summons may be served on corporation, if authorized, by any provision in Corporations Code sections 1701, 1702, 2110 or 2111. Under Corporations Code section 1702, this includes by hand delivery “to the Secretary of State, or to any person employed in the Secretary of State's office in the capacity of assistant or deputy.” (Cal. Corp. Code, § 1702, subd. (a).) Service on the Secretary of State’s office is permitted if the corporation’s agent “cannot with reasonable diligence be found at the address designated for personally delivering the process . . . and it is shown by affidavit to the satisfaction of the court that process against a domestic corporation cannot be served with reasonable diligence upon the designated agent.” (Cal. Corp. Code, § 1702, subd. (a).)

Discussion

Plaintiff has demonstrated the inability to serve Defendant despite reasonable diligence. Defendant’s listed agent for service of process is Channon M. Mitchell. (Motion, Cu Decl., ¶3.) Mitchell, however, now works for a different company. (Id. at ¶10.) The address listed for Defendant on the Secretary of State’s website is 5601 W Slauson Ave., Ste 235, Los Angeles, California. (Id. at ¶2 and Exh. A.) On September 18, 2019, Plaintiff’s processor server was unable to serve Defendant at the Slauson Avenue address as it was occupied by a different company. (Id. at ¶5 and Exh. B.) Upon obtaining a new address for Defendant—at 145 North Prairie Avenue, Inglewood, California, Plaintiff attempted service again. (Id. at ¶¶6-7 and Exh. C.) However, a different company was located at the Prairie Avenue address. (Ibid.) Nor did Defendant provide any response to service by certified mail with acknowledgement, which was due by November 13, 2019. (Id. at ¶8.) Plaintiff has not been able to locate any other information in order to effectuate service on Defendant (Id. at ¶10.) In light of the foregoing, service pursuant to Corporations Code section 1702 by delivery to the Secretary of State is appropriate.

Plaintiff Falls Lake National Insurance Company’s Motion to Serve Summons and Complaint on Defendant Asta Pacific Healthcare Corporation through the Secretary of State is GRANTED. PROOF OF SERVICE DEMOSNTRATING SAID SERVICE TO BE FILED WITHIN 30 DAYS.

Moving party to give notice.